ciling the opposing claims and in appeasing the feelings of resentment which may have arisen between the States at variance.

ARTICLE V. The functions of the mediator are at an end when once it is declared, either by one of the parties to the dispute or by the mediating Power itself, that the methods of conciliation proposed by it are not accepted.

ARTICLE VI. Good offices and mediation, whether at the request of the parties at variance or upon the initiative of Powers who are strangers to the dispute, have exclusively the character of advice, and never have binding force.

ARTICLE VII. The acceptance of mediation cannot, unless there be an agreement to the contrary, have the effect of interrupting, delaying, or hindering mobilization or other measures of preparation for war.

If mediation occurs after the commencement of hostilities, it causes no interruption to the military operations in progress, unless there be an agreement to the contrary.

ARTICLE VIII. The Signatory Powers are agreed in recommending the application, when circumstances allow, of special mediation in the following form:

In case of a serious difference endangering the peace, the States at variance shall each choose a Power, to whom they intrust the mission of entering into direct communication with the Power chosen on the other side, with the object of preventing the rupture of pacific relations.

During the period of this mandate, the term of which, unless otherwise stipulated, cannot exceed thirty days, the States in conflict shall cease from all direct communication on the subject of the dispute, which is regarded as having been referred exclusively to the mediating Powers, who shall use their best efforts to settle the controversy.

In case of a definite rupture of pacific relations, these Powers remain charged with the joint duty of taking advantage of every opportunity to restore peace.

TITLE III.- On International Commissions of Inquiry.

--

ARTICLE IX. In differences of an international nature involving neither honor nor vital interests, and arising from a difference of opinion on matter of fact, the Signatory Powers recommend that parties who have not been able to come to an

agreement by diplomatic methods should, as far as circumstances allow, institute an International Commission of Inquiry, to facilitate a solution of the differences by elucidating the facts, by means of an impartial and conscientious investigation.

ARTICLE X. International Commissions of Inquiry shall be constituted by a special agreement between the parties to the controversy. The agreement for the inquiry shall specify the facts to be examined and the extent of the powers of the commissioners. It shall fix the procedure. Upon the inquiry both sides shall be heard. The procedure to be observed, if not provided for in the Convention of Inquiry, shall be fixed by the Commission.

ARTICLE XI. The International Commissions of Inquiry shall be formed, unless otherwise stipulated, in the manner fixed by Article XXXII. of the present Convention.

ARTICLE XII. The Powers in dispute agree to supply the International Commission of Inquiry, as fully as they may consider it possible, with all means and facilities necessary to enable it to arrive at a complete acquaintance and correct understanding of the facts in question.

ARTICLE XIII. The International Commission of Inquiry shall present to the parties in dispute its report signed by all the members of the Commission.

ARTICLE XIV. The report of the International Commission of Inquiry shall be limited to a statement of the facts, and shall in no way have the character of an arbitral award. It leaves the Powers in controversy freedom as to the effect to be given to such statement.

CHAPTER I.— On Arbitral Justice.

ARTICLE XV. International arbitration has for its object the determination of controversies between States by judges of their own choice, upon the basis of respect for law.

ARTICLE XVI. In questions of a judicial character, and especially in questions regarding the interpretation or application of international treaties or conventions, arbitration is recognized by the Signatory Powers as the most efficacious and at the same time the most equitable method of deciding

controversies which have not been settled by diplomatic methods.

ARTICLE XVII. An agreement of arbitration may be made with reference to disputes already existing or those which may hereafter arise. It may relate to every kind of controversy or solely to controversies of a particular character.

ARTICLE XVIII. The agreement of arbitration implies the obligation to submit in good faith to the decision of the arbitral tribunal.

ARTICLE XIX. Independently of existing general or special treaties imposing the obligation to have recourse to arbitration on the part of any of the Signatory Powers, these Powers reserve to themselves the right to conclude, either before the ratification of the present Convention, or subsequent to that date, new agreements, general or special, with a view of extending the obligation to submit controversies to arbitration, to all cases which they consider suitable for such submission.

CHAPTER II. On the Permanent Court of Arbitration.

ARTICLE XX. With the object of facilitating an immediate recourse to arbitration for international differences which could not be settled by diplomatic methods, the Signatory Powers undertake to organize a permanent Court of Arbitration accessible at all times, and acting, unless otherwise stipulated by the parties, in accordance with the rules of procedure included in the present Convention.

ARTICLE XXI. The permanent Court shall have jurisdiction of all cases of arbitration, unless there shall be an agreement between the parties for the establishment of a special tribunal.

ARTICLE XXII. An International Bureau shall be established at The Hague, and shall serve as the record office for the Court. This Bureau shall be the medium of all communications relating to the Court. It shall have the custody of the archives, and shall conduct all the administrative business. The Signatory Powers agree to furnish the Bureau at The Hague with a certified copy of every agreement of arbitration arrived at between them, and of any award therein rendered by a special tribunal. They also undertake to furnish the Bureau with the laws, rules, and documents, eventually declaring the execution of the judgments rendered by the Court.

ARTICLE XXIII. Within three months following the ratifica

tion of the present act, each Signatory Power shall select not more than four persons, of recognized competence in questions of international law, enjoying the highest moral reputation, and disposed to accept the duties of arbitrators. The persons thus selected shall be enrolled as members of the Court, upon a list which shall be communicated by the Bureau to all the Signatory Powers. Any alteration in the list of arbitrators shall be brought to the knowledge of the Signatory Powers by the Bureau. Two or more Powers may unite in the selection of one or more members of the Court. The same person may be selected by different powers. be appointed for a term of six years, and their appointment may be renewed. In case of the death or resignation of a member of the Court, his place shall be filled in accordance with the method of his appointment.

The members of the Court shall

ARTICLE XXIV. Whenever the Signatory Powers wish to have recourse to the permanent Court for the settlement of a difference that has arisen between them, the arbitrators selected to constitute the Tribunal which shall have jurisdiction to determine such difference, shall be chosen from the general list of members of the Court. If such arbitral Tribunal be not constituted by the special agreement of the parties, it shall be formed in the following manner: Each party shall name two arbitrators, and these together shall choose an umpire. If the votes shall be equal, the choice of the umpire shall be intrusted to a third Power selected by the parties by common accord. If an agreement is not arrived at on this subject, each party shall select a different Power, and the choice of the umpire shall be made by the united action of the Powers thus selected. The Tribunal being thus constituted, the parties shall communicate to the Bureau their decision to have recourse to the Court, and the names of the arbitrators. The Tribunal of arbitration shall meet at the time fixed by the parties. The members of the Court, in the discharge of their duties, and outside of their own country, shall enjoy diplomatic privileges and immunities.

ARTICLE XXV. The Court of Arbitration shall ordinarily sit at The Hague. Except in cases of necessity, the place of session shall be changed by the Court only with the assent of the parties.

ARTICLE XXVI. The International Bureau at The Hague is authorized to put its offices and its staff at the disposal of the Signatory Powers, for the performance of the duties of any

special tribunal of arbitration. The jurisdiction of the permanent Court may be extended, under conditions prescribed by its rules, to controversies existing between Non-signatory Powers, or between Signatory Powers and Non-signatory Powers, if the parties agree to submit to its jurisdiction.

ARTICLE XXVII. The Signatory Powers consider it their duty, in case a serious dispute threatens to break out between two or more of them, to remind these latter that the permanent Court of arbitration is open to them. Consequently, they declare that the fact of reminding the parties in controversy of the provisions of the present Convention, and the advice given to them, in the higher interests of peace, to have recourse to the permanent Court, can only be considered as an exercise of good offices.

ARTICLE XXVIII. A permanent administrative Council composed of the diplomatic representatives of the Signatory Powers accredited to The Hague, and of the Netherlands Minister of Foreign Affairs, who shall act as President, shall be constituted in that city as soon as possible after the ratification of the present Act by at least nine Powers. This Council shall be charged with the establishment and organization of the International Bureau, which shall remain under its direction and control. It shall notify the Powers of the constitution of the Court and provide for its installation. It shall make its own by-laws and all other necessary regulations. It shall decide all questions of administration which may arise with regard to the operations of the Court. It shall have entire control over the appointment, suspension, or dismissal of officials and employees of the Bureau. It shall determine their allowances and salaries, and control the general expenditure. At meetings duly summoned five members shall constitute a quorum. All decisions shall be made by a majority of votes. The Council shall communicate to each Signatory Power without delay the by-laws and regulations adopted by it. It shall furnish them with a signed report of the proceedings of the Court, the working of the administration, and the expenses.

ARTICLE XXIX. The expense of the Bureau shall be borne by the Signatory Powers in the proportion established for the International Bureau of the International Postal Union.